Case information
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36539
Director of Criminal and Penal Prosecutions v. Robert Jodoin
(Quebec) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-05-29 | Appeal closed | |
| 2017-05-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-05-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-05-12 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-005511-132, 2015 QCCA 847, dated May 8, 2015, heard on December 5, 2016, is allowed. The award of costs against the respondent is restored. Abella and Côté JJ. dissent. Allowed |
|
| 2016-12-14 | Transcript received, 89 pages | |
| 2016-12-05 | Judgment reserved OR rendered with reasons to follow | |
| 2016-12-05 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Trial Lawyers Association of British Columbia |
| 2016-12-05 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Association des avocats de la défense de Montréal |
| 2016-12-05 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Director of Public Prosecutions |
| 2016-12-05 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Director of Criminal and Penal Prosecutions |
| 2016-12-05 |
Hearing of the appeal, 2016-12-05, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2016-11-29 | Notice of appearance, Frank Addario and Stephen Aylward will be present at the hearing. | Canadian Civil Liberties Association |
| 2016-11-24 | Notice of appearance, Catherine Cantin-Dussault and Robert Jodoin will be present at the hearing. | Robert Jodoin |
| 2016-11-22 | Notice of appearance, Gilles Villeneuve and Mathieu Stanton will be present at the hearing. | Director of Public Prosecutions |
| 2016-11-22 | Notice of appearance, Walid Hijazi, Lida Sara Nouraie and Nicholas St-Jacques will be present at the hearing. | Association des avocats de la défense de Montréal |
| 2016-11-17 | Notice of appearance, Marlys Edwardh and Maxime Hébrard will be present at the hearing. | Criminal Lawyers' Association (Ontario) |
| 2016-11-15 | Notice of appearance, Matthew Good and Ariane Bisaillon will be present at the hearing. | Trial Lawyers Association of British Columbia |
| 2016-11-10 |
Order by, Wa, FURTHER TO THE ORDER dated August 31, 2016, granting leave to intervene to the Criminal Lawyers’ Association (Ontario), the Trial Lawyers Association of British Columbia, the Director of Public Prosecutions, the Canadian Civil Liberties Association and the Association des avocats de la défense de Montréal; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. Granted |
|
| 2016-10-27 | Notice of appearance, Daniel Royer and Catherine Dumais will be present at the hearing. | Director of Criminal and Penal Prosecutions |
| 2016-10-26 | Intervener's book of authorities, (Book Form), Completed on: 2016-10-26, (Electronic version filed on 2016-10-26) | Criminal Lawyers' Association (Ontario) |
| 2016-10-26 | Intervener's factum, (Book Form), Completed on: 2016-10-26, (Electronic version filed on 2016-10-26) | Criminal Lawyers' Association (Ontario) |
| 2016-10-26 | Intervener's book of authorities, (Book Form), Completed on: 2016-10-26 | Association des avocats de la défense de Montréal |
| 2016-10-26 | Intervener's factum, (Book Form), Completed on: 2016-10-26 | Association des avocats de la défense de Montréal |
| 2016-10-26 | Intervener's book of authorities, (Book Form), (2 volumes), Completed on: 2016-10-26 | Director of Public Prosecutions |
| 2016-10-26 | Intervener's factum, (Book Form), Completed on: 2016-10-26 | Director of Public Prosecutions |
| 2016-10-26 | Intervener's book of authorities, (Book Form), Completed on: 2016-10-26 | Canadian Civil Liberties Association |
| 2016-10-26 | Intervener's factum, (Book Form), Completed on: 2016-10-26 | Canadian Civil Liberties Association |
| 2016-10-25 | Certificate (on limitations to public access) | Trial Lawyers Association of British Columbia |
| 2016-10-25 | Intervener's book of authorities, (Book Form), Completed on: 2016-10-25 | Trial Lawyers Association of British Columbia |
| 2016-10-25 | Intervener's factum, (Book Form), Completed on: 2016-10-25 | Trial Lawyers Association of British Columbia |
| 2016-09-15 | Notice of hearing sent to parties | |
| 2016-09-15 | Correspondence received from, Pierre Landry dated 2016-09-14. Re: Sylvie Labbé will be acting as agent. | Association des avocats de la défense de Montréal |
| 2016-08-31 | Order on motion for leave to intervene, by Justice Wagner | |
| 2016-08-31 |
Decision on the motion for leave to intervene, Wa, UPON APPLICATIONS by the Criminal Lawyers’ Association (Ontario), the Trial Lawyers Association of British Columbia, the Director of Public Prosecutions and the Canadian Civil Liberties Association for leave to intervene in the above appeal; AND UPON APPLICATION by the Association des avocats de la défense de Montréal for an extension of time to serve and file a motion for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for extension of time is granted. The motions for leave to intervene of the Criminal Lawyers’ Association (Ontario), the Trial Lawyers Association of British Columbia, the Director of Public Prosecutions, the Canadian Civil Liberties Association and the Association des avocats de la défense de Montréal are granted and the said five (5) interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before October 26, 2016. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2016-08-31 |
Decision on motion to extend time, (by AADM), Wa Granted |
|
| 2016-08-31 | Submission of motion to extend time, Wa | |
| 2016-08-31 | Submission of motion for leave to intervene, (5 motions), Wa | |
| 2016-08-31 | Appeal perfected for hearing | |
| 2016-08-29 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-08-29) | Robert Jodoin |
| 2016-08-29 | Respondent's book of authorities, (Book Form), Completed on: 2016-08-29, (Electronic version filed on 2016-08-29) | Robert Jodoin |
| 2016-08-29 | Respondent's record, (Book Form), Completed on: 2016-08-29, (Electronic version filed on 2016-08-29) | Robert Jodoin |
| 2016-08-29 | Respondent's factum, (Book Form), Completed on: 2016-08-29, (Electronic version filed on 2016-08-29) | Robert Jodoin |
| 2016-08-10 |
Appeal hearing scheduled, 2016-12-05 Judgment reserved |
|
| 2016-08-04 | Motion to extend time, (Book Form), to file the motion for leave to intervene , Completed on: 2016-08-04, (Electronic version filed on 2016-08-04) | Association des avocats de la défense de Montréal |
| 2016-08-03 | Notice of name | Trial Lawyers Association of British Columbia |
| 2016-08-03 | Motion for leave to intervene, (Book Form), Completed on: 2016-08-03 | Trial Lawyers Association of British Columbia |
| 2016-08-03 | Motion for leave to intervene, (Book Form), Motion for ext. of time requested (rec'd on 04-08-2016), Completed on: 2016-08-10, (Electronic version filed on 2016-08-03) | Association des avocats de la défense de Montréal |
| 2016-08-02 | Motion for leave to intervene, (Book Form), Completed on: 2016-08-02, (Electronic version filed on 2016-08-02) | Canadian Civil Liberties Association |
| 2016-08-02 | Motion for leave to intervene, (Book Form), proof of service missing - rec'd Aug.3/2016, Completed on: 2016-08-09, (Electronic version filed on 2016-08-10) | Director of Public Prosecutions |
| 2016-08-02 | Motion for leave to intervene, (Book Form), Completed on: 2016-08-02 | Criminal Lawyers' Association (Ontario) |
| 2016-07-04 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-07-04) | Director of Criminal and Penal Prosecutions |
| 2016-07-04 | Appellant's book of authorities, (Book Form), Completed on: 2016-07-04, (Electronic version filed on 2016-07-04) | Director of Criminal and Penal Prosecutions |
| 2016-07-04 | Appellant's record, (Book Form), (3 volumes), Completed on: 2016-07-04, (Electronic version filed on 2016-07-04) | Director of Criminal and Penal Prosecutions |
| 2016-07-04 | Appellant's factum, (Book Form), Completed on: 2016-07-04, (Electronic version filed on 2016-07-04) | Director of Criminal and Penal Prosecutions |
| 2016-06-28 | Correspondence received from, Audrey-Anne Laforme dated 2016-06-28. Re: Change of address | Robert Jodoin |
| 2016-04-12 | Notice of appeal, Completed on: 2016-04-12 | Director of Criminal and Penal Prosecutions |
| 2016-03-30 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-03-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-03-18 | Judgment on leave sent to the parties | |
| 2016-03-17 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response to the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number, 500-10-005511-132, 2015 QCCA 847, dated May 8, 2015, is granted. Granted |
|
| 2016-03-17 |
Decision on motion to extend time, See Judgment on leave application. Granted |
|
| 2016-01-11 | All materials on application for leave submitted to the Judges, CJ Cro Côt | |
| 2016-01-11 | Submission of motion to extend time, CJ Cro Côt | |
| 2015-10-06 | Response to motion to extend time, (Letter Form), Completed on: 2015-10-06 | Director of Criminal and Penal Prosecutions |
| 2015-10-06 | Motion to extend time, (Included in the respondent's response on the application for leave to appeal), Completed on: 2015-10-06 | Robert Jodoin |
| 2015-10-06 | Certificate (on limitations to public access) | Robert Jodoin |
| 2015-10-06 | Respondent's response on the application for leave to appeal, Completed on: 2015-10-06 | Robert Jodoin |
| 2015-08-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2015-08-04 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Director of Criminal and Penal Prosecutions |
| 2015-08-04 | Application for leave to appeal, Completed on: 2015-08-04 | Director of Criminal and Penal Prosecutions |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Director of Criminal and Penal Prosecutions | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Jodoin, Robert | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Association des avocats de la défense de Montréal | Intervener | Active |
| Trial Lawyers Association of British Columbia | Intervener | Active |
| Director of Public Prosecutions | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: Director of Criminal and Penal Prosecutions
Counsel
Catherine Dumais
2050, de Bleury
Bureau 6.00
Montréal, Quebec
H3A 2J5
Telephone: (514) 873-6493 Ext: 53298
FAX: (514) 873-6475
Email: daniel.royer@gouv.qc.ca
Agent
Palais de justice
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60412
FAX: (819) 772-3986
Email: appelgatineau@dpcp.gouv.qc.ca
Party: Jodoin, Robert
Counsel
Robert Jodoin
800, rue Principale
Suite 204
Granby, Quebec
J2G 2Y8
Telephone: (450) 534-4989
FAX: (450) 534-1565
Email: ccdussault@jodoinlague.ca
Party: Criminal Lawyers' Association (Ontario)
Counsel
Kelly Doctor
Maxime Hebrard
Box 180
1100-20 Dundas Street West
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-4380
FAX: (416) 979-4430
Email: medwardh@goldblattpartners.com
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Association des avocats de la défense de Montréal
Counsel
Nicholas St-Jacques
Lida Sara Nouraie
Montréal, Quebec
H2Y 3T3
Telephone: (514) 840-9119
FAX: (514) 840-0177
Email: whijazi@aadm.ca
Agent
111 rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: s.labbe@noelassocies.com
Party: Trial Lawyers Association of British Columbia
Counsel
Ariane Bisaillon
595 Burrard Street
P.O. Box 49314, Suite 2600, Three Bentall Centre
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 631-3309
Email: mathew.good@blakes.com
Agent
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Director of Public Prosecutions
Counsel
Mathieu Stanton
Tour Est, 9e étage
200, boul. René-Lévesque Ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8968
FAX: (514) 496-7372
Email: gilles.villeneuve@ppsc-sppc.gc.ca
Agent
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Party: Canadian Civil Liberties Association
Counsel
Stephen Aylward
171 John Street
Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5055
FAX: (866) 714-1196
Email: faddario@addario.ca
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Criminal law – Costs – Whether Quebec Court of Appeal erred in disregarding applicable standard of review when intervening in exercise of Superior Court’s discretion to order counsel to pay costs for abusive and dishonest conduct – Whether Quebec Court of Appeal erred in law in analyzing seriousness of counsel’s misconduct by disregarding similar misconduct by same lawyer in other cases in assessing his state of mind and dishonest nature of his motions – Whether Quebec Court of Appeal erred in law in unduly limiting inherent power of superior court to enforce respect for courts and their authority.
The respondent is a lawyer who, in this case, was representing clients charged with having had the care or control of a motor vehicle while impaired by alcohol or while their blood alcohol levels exceeded the legal limit. On May 7, 2013, after a hearing in the Court of Québec on a motion for the disclosure of evidence, the respondent filed in the Superior Court, on behalf of his clients, motions for writs of prohibition challenging the jurisdiction of the Court of Québec judge. The applicant, the Director of Criminal and Penal Prosecutions, objected to these motions.
Lower court rulings
Superior Court of Quebec
2013 QCCS 4661, 460-36-000207-134, 460-36-000208-132, 460-36-000209-130, 460-36-000210-138, 460-36-000212-134, 460-36-000213-132, 460-36-000214-130, 460-36-000215-137, 460-36-000216-135, 460-36-000217-133, 460-36-000218-131, 460-36-000220-137
Motions for writs of prohibition dismissed; respondent ordered to pay costs.
Court of Appeal of Quebec (Montréal)
2015 QCCA 847, 500-10-005511-132
Appeal allowed solely to set aside award of costs against respondent.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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